BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110023405
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests transfer of his Post-9/11 GI Bill benefits to his son.
2. He states the transfer policy was established after he left service.
3. He provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* orders discharging him from the Regular Army (RA)
* a DD Form 2648 (Preseparation Counseling Checklist)
* a Servicemember's Group Life Insurance Election and Certificate
* his DA Form 2-1 (Personnel Qualification Record)
* his Enlisted Record Brief
CONSIDERATION OF EVIDENCE:
1. On 22 July 2002, the applicant was discharged from the RA for disability with severance pay after completing 9 years, 7 months, and 23 days of active service.
2. During the processing of this case, on 20 January 2012, an advisory opinion was obtained from the Chief, Enlisted Professional Development Branch, Office of the Deputy Chief of Staff, G-1, who recommended disapproval of the applicant's request. The advisory official stated, in part, that Public Law 110-252 limits eligibility to transfer unused education benefits to otherwise eligible members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. The applicant's last day in service was 22 July 2002.
3. The applicant was given the opportunity to comment on the advisory opinion. He did not respond within the time allotted.
4. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section is eligible for the Post 9/11 GI Bill, and:
a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or
b. has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute; or
c. is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013. (A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service.)
DISCUSSION AND CONCLUSIONS:
By law, the applicant is not entitled to the relief he has requested. Public Law 110-252 established 1 August 2009 as the effective date of Post 9/11 GI Bill provisions for transfer of education benefits. He was discharged on 22 July 2002, well before this provision of law went into effect.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110023405
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